CONTENTS
- 1. How the Client Came to a Busan School Violence Attorney
- - The Client Who Requested Assistance from a Busan School Violence Attorney
- - A “Juvenile” Under the Juvenile Act as Explained by a Busan School Violence Attorney
- 2. The Assistance Provided by the Busan School Violence Attorney
- - Busan School Violence Attorney Argues That the Child Sincerely Reflected on His Conduct
- - Busan School Violence Attorney Argues That the Act Was Committed Under Threats from an Older Student
- - Busan School Violence Attorney Argues That the Child Had Lived Diligently
- 3. The Protective Disposition Result Obtained by the Busan School Violence Attorney
- - The Busan School Violence Attorney's Case Summary
1. How the Client Came to a Busan School Violence Attorney
The client who came to a Busan school violence attorney received a consultation regarding the child's case.
The child, who had committed crimes on several occasions, had now reached an age at which he could be subject to criminal punishment, and the client requested assistance from a Busan school violence attorney at Daeryun Law Firm in order to defend against criminal punishment.
The Client Who Requested Assistance from a Busan School Violence Attorney
The Busan school violence attorney took part in the consultation directly and assessed the situation.
When the client's child was 13 years old and classified as a child subject only to protective measures, he had a record of receiving a protective disposition for joint bodily injury, special theft, and several attempted offenses.
At the time of those incidents, because he was a child below the age of criminal responsibility, he could only receive a protective disposition. However, by the time he committed a new crime and came to the Busan school violence attorney for a consultation, he had turned 14.
He had reached an age at which he could be subject to criminal punishment, and because of his earlier record, criminal punishment was all the more likely.
He had attempted joint extortion with friends but it ended in an attempt, and his conduct, which included climbing over a wall to break into an elementary school, was quite serious, so the assistance of an attorney was urgently needed.
The client therefore requested assistance from a Busan school violence attorney at Daeryun Law Firm in order to avoid criminal punishment.
A “Juvenile” Under the Juvenile Act as Explained by a Busan School Violence Attorney
| Child under the age of delinquency | Under 10 years old | Cannot be punished |
| Child below the age of criminal responsibility | 10 years or older to under 14 years old | Protective disposition O, criminal punishment X |
| Juvenile offender | 14 years or older to under 19 years old | Protective disposition O, criminal punishment O |
| Protective disposition | Criminal punishment |
• Jurisdiction of the family court • Handled as a juvenile protection case • In the case of a protective disposition, no criminal record remains. • A decision to refer the juvenile to a juvenile reformatory is issued. • A juvenile reformatory is equipped with educational facilities and is equivalent to a so-called “school.” • The curriculum of a juvenile reformatory is equivalent to the regular middle and high school curriculum and is a “correctional facility” whose education is recognized for academic credit. | • Jurisdiction of the district court • Handled as an ordinary criminal case • In the case of criminal punishment, a criminal record remains. • If imprisonment without labor or imprisonment with labor is imposed, the juvenile is committed to a juvenile prison. • A juvenile prison is a sentence-enforcement institution different from a juvenile reformatory, and its education is not recognized for academic credit. • If there is no space in a juvenile prison, there is a possibility of confinement in an ordinary prison. |
As shown above, you should remember that even being sent to a juvenile reformatory under a protective disposition is a far lighter measure than receiving “criminal punishment.”
2. The Assistance Provided by the Busan School Violence Attorney
Based on the consultation with the client and the interview with the child, the Busan school violence attorney formed a case-handling team centered on three attorneys.
The Busan school violence attorney team established a defense strategy focused on having the child receive a protective disposition rather than criminal punishment.
Busan School Violence Attorney Argues That the Child Sincerely Reflected on His Conduct
The Busan school violence attorney argued that the child acknowledged the delinquent acts and was sincerely repenting his offense.
Several handwritten letters of reflection were submitted to argue that the child recognized that his conduct was wrong and was reflecting on it.
Busan School Violence Attorney Argues That the Act Was Committed Under Threats from an Older Student
Through the submission of a recording of the conversation between the child and an older high school student, the Busan school violence attorney argued that the act was committed unavoidably because the child, frightened by the older student's extortion, needed money along with a friend,
and that the child resolved never to commit such an act again.
Busan School Violence Attorney Argues That the Child Had Lived Diligently
The Busan school violence attorney submitted the child's school records to argue that he had conducted his school life in a model manner, and
submitted petitions written by classmates to argue that he had good relationships with friends and was not of a disposition to bully those around him.
3. The Protective Disposition Result Obtained by the Busan School Violence Attorney
With the help of the Busan school violence attorney, although the client's child could have been subject to criminal punishment, the case was safely referred to the family court, and he was able to obtain a protective disposition.
The Busan School Violence Attorney's Case Summary
In a situation in which the child could have been subject to criminal punishment, the Busan school violence attorney was able to mount a defense that safely directed the case to the jurisdiction of the family court so that a protective disposition would result.
In a situation like that of the client's child, it is important to develop a strategy that secures a protective disposition at the fork between criminal punishment and a protective disposition, rather than aiming for a lighter measure within the range of protective dispositions.
Because a criminal record remains if criminal punishment is imposed, the help of a Busan school violence attorney with relevant expertise is important.
Making a choice based on cutting attorney costs at a moment when a child's most serious matter is at stake may leave a blemish on the child's life.
You may consider selecting a Busan school violence attorney who delivers help and results commensurate with the cost.
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